There is no requirement you cross the street at an intersection or use a crosswalk to sue for injuries. The totality of the circumstances will be taken into account. For example, if the other driver is speeding, texting, or doing something negligent you can sue them. It is possible for a jury to split up fault and put some negligence on your for not using the crosswalk. This is why you hire a personal injury lawyer on your pedestrian injury case. He or she will know the right arguments to make.